case law Case legislation is legislation that is based on judicial decisions relatively than law based on constitutions , statutes , or regulations . Case regulation concerns special disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly. Case regulation, also used interchangeably with common legislation , refers to the collection of precedents and authority established by previous judicial decisions on the particular issue or topic.
Article 199 in the Constitution allows High Court intervention only when "no other adequate remedy is provided by law." It's very well-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Furthermore, it addresses the limitation period under Article 91 and one hundred twenty with the Limitation Act, focusing on when plaintiff to hunt cancellation. The importance of deciding application under Order VII Rule eleven CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
The loads of this power casts an obligation about the police and it must bear in mind, as held by this Court that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated. However it's made clear that police is free to acquire action against any person who's indulged in criminal activities topic to law. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. When the officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-subject duties inside the interim period. Read more
This is because transfer orders are typically regarded as within the administrative discretion in the employer. However, there can be exceptions in cases where the transfer is enthusiastic by malice, personal vendetta, or discrimination against the employee, they may have grounds to challenge before the appropriate forum. Read more
Lots of the volumes (together with more recent volumes than the library's holdings) may also be accessible online through the Caselaw Access Project.
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice on the Peace u/s 22-A will not be obliged to afford a chance of hearing on the accused party; nor obliged to always or mechanically issue directions for registration of FIR; but is required to consider all relevant factors, with care and caution; to avoid equipment of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are many of the relevant factors. Read more
We have been an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of regulation and to protect the rights and liberties guaranteed because of the Constitution and laws of your United States and this State.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, Additionally it is a properly-founded proposition of regulation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence inside the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is subject into the procedure provided under the relevant rules and not otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-value the evidence and to reach at its independent findings on the evidence.
This Court may well interfere where the authority held the proceedings against the delinquent officer within a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing here the manner of inquiry or where the summary or finding arrived at by the disciplinary authority is based on no evidence. When the summary or finding is for example no reasonable person would have ever achieved, the Court may interfere with the conclusion or the finding and mould the relief to really make it ideal into the facts of every case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or perhaps the nature of punishment. Within the aforesaid proposition, we have been fortified through the decision with the Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The existence of this power casts an obligation on the police, and they must bear in mind, as held by this Court from time to time in its numerous pronouncemnts, that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are required to protect and not abduct. Read more
The different roles of case legislation in civil and common regulation traditions create differences in just how that courts render decisions. Common regulation courts generally explain in detail the legal rationale driving their decisions, with citations of both legislation and previous relevant judgments, and sometimes interpret the broader legal principles.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is properly proven now that the provision for proforma promotion will not be alien or unfamiliar to the civil servant service structure but it's already embedded in Fundamental Rule seventeen, wherein it's lucidly enumerated that the appointing authority may possibly if pleased that a civil servant who was entitled for being promoted from a particular date was, for no fault of his individual, wrongfully prevented from rendering service for the Federation/ province from the higher post, direct that these civil servant shall be paid the arrears of pay back and allowances of these higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
These judicial interpretations are distinguished from statutory regulation, which are codes enacted by legislative bodies, and regulatory regulation, which are set up by executive agencies based on statutes.